Below is a checklist of the documentation required to apply for a General employment permit. However, "buyouts" often give the employer less ability to retain the best personnel. Moreover, the laws of each jurisdiction are different and are constantly changing. critical skills visa or permanent residence permit: Classification of Education Subject Matter Occupation/Critical Skill Requirements Agriculture, Agricultural Agricultural Engineer Agricultural Scientist Confirmation in writing from the Operations and Related Sciences Forestry Technician accredited professional body, council or board recognised by SAQA or any relevant government … An incomplete application not meeting the above requirements will not be accepted. Limit the dissemination of sensitive documents and data, and password-protect electronic RIF documents and communications among decision-makers and advisors. However, unlike with other types of Irish Employment Permits, once the Critical Skills Permit expires, you do not have to renew it. Photographs should have a white background. ☐ Conduct reality checks. Depending on the terms of the employer's benefits plans, furloughed employees may remain eligible for benefits. Some employers may wish to consider voluntary RIFs as an alternative to involuntary RIFs. ☐ Determine the nature of the RIF. Some states require employers to give departing employees their final paychecks on their last day of employment (including payments for accrued but unused vacation time), while other states require employers to provide information about unemployment compensation, job training opportunities, etc. ☐ Anticipate the need for a RIF. This is a permit issued to applicants in possession of exceptional skills or qualifications that are scarce in South Africa. or "Is this fair?" ☐ Set realistic timetables. ☐ Minimize PR problems. The usual issues are much more complicated now — during the 2020 COVID-19 crisis — with the overlay of the rapidly enacted and untested pandemic laws and regulations. A duly completed application (BI-1738) signed by applicant. Obtaining a work permit; Please note that this has been updated with the latest changes of 1 December 2020. In addition to furloughs (discussed above), payroll expense reductions and personnel-work alignments often can be achieved by other means, such as a) waiting for normal workforce turnover/attrition, b) reducing hours being worked by hourly personnel or changing jobs from full-time to part-time, c) job sharing, d) pay freezes or pay cuts, e) implementing short-term (one or two-week) layoffs or plant shutdowns, f) allowing employees to volunteer for unpaid leaves of absence, and/or g) transferring existing personnel to different jobs, departments or facilities. You can use the Critical Skills Employment Permit checklist to help you apply. Confirm that workers on (or not on) the separation list make sense; for example, was someone inexplicably left off the list — and is being protected — for some reason that later can be challenged in court (e.g., an ongoing sexual relationship with a supervisor)? A "years of service plus age" protocol is relatively common, i.e., the employee is eligible for separation with a severance package if the employee's years of service plus his or her age exceed a number selected by the employer to achieve its headcount reduction goal. The South African government has identified areas in the South African work force that may be lacking qualified and experienced staff to fulfill those roles. Exceptions to the border closure can be made by Immigration New Zealand for exceptional circumstances, including: 1. health and other essential workers 2. citizens of Samoa and Tonga for essential travel to New Zealand 3. visitor, student or work visa holders who normally live in New Zealand, and who are the partner or dependent of a temporary work or student visa holder who is currently in Ne… A handout summarizing the available post-employment benefits often simplifies the meetings and minimizes post-meeting follow-up questions. All affected foreign travellers must have boarded their flight to New Zealand by 23:59 on Thursday 19 March 2020. Maintaining confidentiality will minimize both employees' anxiety/distraction as well as preemptive claims by worried workers trying to "guarantee" their jobs (that is, thinking "they won't include me in the RIF next month if I announce I'm disabled or make a sexual harassment claim this month"). The application processing times are on the Department’s website. P1,500.00 (residence permit); P1,500.00 (work permit); Notes: Applicable fees are amended from time to time. Train senior staff and the "exit team" on how to respond to threats and violence. Under the Employment Permits Acts 2003–2014 there are 9 types of employment permit, including a General Employment Permit, a Critical Skills Employment Permit and a Dependant/Partner/Spouse Employment Permit. Spouses and children of Critical Skills Permit holders are eligible to apply for the Dependant/Partner Employment Permit. The criteria for deciding who will be released in the RIF must be business-related and consistent with both the employer's contractual and collectively bargained obligations and announced policies. Ensure that the overall business and its individual departments and production lines can continue to function after the RIF (the use of "before" and "after" reporting relationships and staffing charts often are helpful), and that the RIF is not inadvertently eliminating persons with critical skills. Give management the contact information for security and law enforcement personnel. ("Credibility" is useful in obtaining employee buy-in when the identities of the decision-makers become known.). Unless an employer has competent professionals on staff, it should ensure, in advance, that there is ready access to such advisors familiar with RIF-related issues. Thus, employers should consider telling workers in general terms about economic difficulties before a RIF is announced. ☐ Prepare papers. Employees can be informed about the future (as it then appears to management), warned that there will be a normal adjustment period in light of the reduced jobs/staff, and enlisted to help the company stabilize and prosper. Review and maintain appropriate documentation retention policies. Changes affecting Revised Immigration Arrangements non-EEA national spouses and de facto partners of persons who have permission to reside in Ireland on the basis of a Critical Skills Employment Permit (CSEP) take effect from 6 March, 2019. ☐ Ensure "voluntary" is really "voluntary." The RIF process should be strictly confidential until formally announced. to assist in the selection. Such ratings and rankings should be as objective as possible, and employers should compare an employee's RIF-related ratings/rankings to the employee's prior performance evaluations to ensure there are no suspicious, inexplicable discrepancies). Consider "worst case" scenarios: What if everyone eligible for a voluntary separation package opts to accept it and leave? Instead, you have to apply for a letter of support from the Department of Business, Enterprise and Innovation. Because of this visa, some employers are willing to give you a job offer if you qualify for a critical skill. RIFs typically are "involuntary" (i.e., the employer identifies the employees to be discharged) or "voluntary" (i.e., the employer offers a severance package to a specified group of employees who individually decide whether to take the package and leave the company). To apply under the Skilled Migrant Category you must be aged 55 or under, meet the skill level for your occupation, and meet … Impermissible criteria, in addition to the characteristics protected by law, include "whistleblowing" (not only the employee's prior filing/voicing of claims of employment discrimination but also the employee's claim that the company is not complying with the laws regulating its business), use of disability or FMLA leave, filing a workers' compensation claim, and supporting or affiliating with a union. Medical report for all applicants. Is the RIF going to eliminate job titles (perhaps by combining two jobs into one) or reduce the number of people in certain jobs, or both? The Critical Skills Work Visa emanates from the merger of the former Exceptional Skills and Quota Work visas. Employees must be given sufficient time to consider their options (and the separation agreement) before being forced to make a decision; several weeks is not uncommon, and large voluntary RIFs sometimes allow the employees 30-45 days to opt in (in addition to the 45-day "pondering" period required to obtain a valid waiver of federal age claims). Keep such rehiring possibilities in mind in planning a RIF when a) setting severance pay (because it may be awkward to rehire an employee who was given a huge severance package in a recent RIF) and b) releasing employees with critical but scarce skills (because, once gone, such employees may not come back when the company needs them). (However, be careful of "special deals": Enhanced severance benefits for a select few employees can generate discrimination lawsuits.) They may also have an offer from an Irish company. Information contained in this alert is for the general education and knowledge of our readers. If you find a job within 12 months, you can extend your Critical Skills Visa for up to 5 years. The COVID-19 crisis has demonstrated that even historically successful organizations may be forced to reduce employee headcount to maintain economic viability. The correct visa type for a holder of any type of employment permit issued by DJEI is the Employment (Permits etc. The most legally defensible criteria are objective (such as length of service, demonstrated skills, education, quantity of production, written performance evaluations, discipline history), but subjective criteria (such as "enthusiasm," "versatility," "personality") also are permissible if they are actually required for the job and are not applied in a discriminatory manner. Valid passport which expires no less than 30 days after the expiry of the intended date of departure from the Republic 2. Investigate any apparent demographic disparities in the preliminary list (e.g., Hispanic women or workers over 40 being selected at a higher than expected rate) and, if necessary, adjust the preliminary list (and perhaps repeat the "disparate impact" analysis on the revised list). This demographic data obviously is very sensitive so should have very limited circulation and should not be given to those persons selecting employees for separation before they make those decisions so that it cannot later be claimed that an employee's protected status was any factor in his or her selection for separation. It often is helpful to state the goals more specifically (such as "reduce payroll expenses in the finance department by 10 percent" or "convert the ketchup production line to hand sanitizer production") and to put the goals in writing so decision-makers will have an ongoing point of reference in carrying out their missions. x��VKo�@�[��c�����T����܄��)u����u��ZA��w��;����g�����k�\C����z�`�#M�҄%�9�,(�� +q�����U��ПX��v�^]��ߦ/�M���l��}�ݕ��EY�U�l��k�>L˗�2ϡ? ☐ Decide eligibility criteria/deadlines. <>/Metadata 587 0 R/ViewerPreferences 588 0 R>> A competent employment/benefits lawyer must be consulted if it is planned that the inducements for a voluntary RIF will vary based on age. There are various and often numerous documents created in a RIF, including working papers, statistical analyses and separation agreements with exhibits. The Critical Skills Employment Permit replaces the Green Card type employment permit. Think about the value of obtaining promises from departing employees of non-disparagement, confidentiality, and non-solicitation of customers or other employees. After reviewing the requirements for the content of such notices, draft and transmit them to the employees, the government recipients and any unions. %PDF-1.7 The same legal requirements for employees' waivers of claims in involuntary RIFs (discussed above) apply to voluntary RIFs. Renewal applications should be submitted at least three months before the date of expiration. ☐ Question assumptions and the wisdom of anticipated actions. The COVID-19 pandemic has popularized states' "work share" programs by which approved employers may reduce employees' hours (often up to 40 percent) and retain them on the payroll while entitling them to a proportionate state unemployment benefit which, in turn, entitles them to the $600 weekly benefit provided by the federal CARES Act. 3 0 obj Where there is no offer of employment a critical skills visa shall be issued for a period not exceeding one year. Economic Security Act (CARES Act), often exceeds $1,000 per week for up to 26 weeks. Employers can legally limit voluntary RIFs to employees who have reached a certain minimum age, to certain departments/work groups, to personnel with certain years of credited service and to certain time periods (e.g., departure during a specified but limited "window" period). ���� JFIF ` ` �� C If a lawsuit arises from the RIF, it is very likely those papers will be demanded by plaintiff's counsel, and they could become courtroom exhibits. Ś/)�7�w�mCg�A���9Cu��������|�d~'��2 $�r���l�^.V>D��\��b��|_���:��p�5�&�17����&�Օd^&��� G��"���R5׋kY��X۸��~�K?F��7����i�����Y����#Nd�@5l��� �l���>Y̽��V2 Voluntary RIFs are most often challenged in the courts on the basis that the process was not truly voluntary, that is, employees were threatened, coerced or misled into taking the package and signing a waiver of claims. Many statutes impact RIFs, including laws that vary from state to state. Do not send any privileged or confidential information to the firm through this website. So be careful about what is written and how it is phrased: A jury may be looking over your shoulder in two years. States typically permit furloughed employees to draw "unemployment," which, after the recent passage of the federal Coronavirus Aid, Relief, and. An Ireland Critical Skills Employment Permit is issued for two years. ☐ Ensure confidentiality. ☐ Explore possible union issues. Voluntary RIFs frequently are complicated, sometimes controversial and subject to litigation so a) ensure that there are a limited number of very well-informed company representatives who are designated to answer employee questions and that other (less-informed) management personnel are instructed not to speak to employees about the plan or the process; b) send employees with questions to only those designated company representatives; and c) carefully craft all internal and external announcements, explanatory memoranda and other communications to ensure clarity, completeness and accuracy. The starting point when bringing in a foreign specialist into your business is the Critical Skills List, which notes the professions where Home Affairs issues Work Permits due to areas where there are shortages of skills. For questions or more information about a reduction in force specific to your organization, contact Holland & Knight Partner Bill deMeza, who has guided a number of employers in various industries through successful RIFs, or another member of the firm's Labor, Employment and Benefits Group. Determine whether any employees to be laid off hold visas or have applied for green cards. (The required RIF data disclosures for a large employer often are time-consuming to prepare so the company must allow sufficient time to draft them.) Be careful: It is important to comply precisely with the requirements to avoid penalties or lawsuits. However, developing a comprehensive, thoughtful game plan, paying attention to details and obtaining appropriate professional advice will allow employers to downsize with minimal risk and, perhaps, to rehire competent employees when the pandemic abates. The maximum period the permit can be issued is 3 years. 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